APHC010319432025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15927 OF 2025 Between: Joropalli Kataiah, S/o J.Venkataiah, age about 50 years, Occ: Private Service R/o D.No.9-96, Daminedu Village, Tirupati Rural, Tirupati District. ...Petitioner AND The State of Andhra Pradesh, Rep. by its Principal Panchayathraj and Rural Development, Secretariat Velagapudi, Amaravathi. The District Collector (PR), Tirupati District at Tirupati. The District Panchayath Officer, Tirupati District at Tirupati. The Lingeswarapuram Gram Panchayath, Rep. by its Lingeswarapuram, Tirupati Rural Mandal, Tirupati District. 1. Secretary, Buildings 2. 3. 4. Secretary, ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or direction more particularly in the nature of Writ of Mandamus declaring the action of the 4th respondent in issuing the demolition notice dated 24-06-2025, thereby dispossession of the petitioner from his property admeasuring 45 sq. yards in Sy.No. 148/2, situated at Avilala Village, Annamaiah Nagar, Lingeswara Nagar Panchayath one % limits, Tirupati Rural, Tirupati District, as illegal, arbitrary and violation of principles of natural justice and consequently direct the respondents not to demolish the structures of the petitioner and not to dispossess the petitioner from his property admeasuring 45 sq. yards in Sy.No.148/2, situated at Avilala Village, Annamaiah Nagar, Lingeswara Nagar Panchayath Rural, Tirupati District. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to demolish the structures of the to dispossess the petitioner from his property admeasuring 45 sq. yards in Sy.No.148/2, situated at Avilala Village, Annamaiah Nagar, Lingeswara Panchayath limits, Tirupati Rural, Tirupati District, above writ petition. Counsel for the Petitioner: SRI K VISWANATHAM Counsel for the Respondent Nos. 1 & 3: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent No.2: GP FOR REVENUE Counsel for the Respondent No.4: SRI MATTEGUNTA SUDHIR STANDING COUNSEL FOR Z.P.PS, M.P.PS, GRAM PANCHAYATS The Court made the following order: limits, Tirupati petitioner and not Nagar pending disposal of the • « I • • • • • * APHC010319432025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY.THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15927/2025 Between: 1.JOROPALLI KATAIAH, S/0 J.VENKATAIAH, AGE ABOUT 50 YEARS, OCC PRIVATE SERVICE, R/0 D.NO.9-96, DAMINEDU VILLAGE, TIRUPATI RURAL, TIRUPATI DISTRICT. ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYATHRAJ AND RURAL SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATHI. 2.THE DISTRICT COLLECTOR PR, , TIRUPATI DISTRICT AT TIRUPATI. 3.THE DISTRICT PANCHAYATH OFFICER, TIRUPATI DISTRICT AT TIRUPATI. 4.THE LINGESWARAPURAM GRAM PANCHAYATH, REP. BY ITS SECRETARY, LINGESWARAPURAM, TIRUPATI RURAL MANUAL, TIRUPATI DISTRICT. DEVELOPMENT, ...RESPONDENT(S): This Court made the following ORDER:- 1. This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “ to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent in issuing the demolition notice dated 24- 06-2025, thereby dispossession of the petitioner from his property admeasuring 45 sq. yards in 2 Sy.No.148/2, situated at Avilala Village, Annamaiah Nagar, Lingeswara Nagar Panchayath limits, Tirupati Rural, Tirupati District, as illegal, arbitrary and violation of principles of natural justice and consequently direct the respondents not to demolish the structures of the petitioner and not to dispossess the petitioner from his property admeasuring 45 sq. yards in Sy.No.148/2, situated at Avilala Village, Annamaiah Nagar, Lingeswara Nagar Panchayath limits, Tirupati Rural, Tirupati District and to pass Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Panchayathraj and Rural 2. Development appearing respondent Nos. 1 to 4. The learned counsel for the petitioner submits that the petitioner purchased the penthouse in the said Harini Apartment for valid consideration and got the sale deed registered in the year 2013. Since then, the petitioner has been in possession and enjoyment of the subject property, i.e., land admeasuring 45 square yards in Sy. No. 148/2, situated at Avilala Village, Annamaiah Nagar, Lingeswara Nagar Panchayat limits, Tirupati Rural, Tirupati District, and he also constructed an ACC roof shed on the said property. While so, the 4th respondent, without considering the entirety of the property and without issuing any prior notice, issued the impugned notice dated 24.06.2025, and trying to dispossess the petitioner from the subject property. Hence, the present writ petition. 3. 3 4. On the other hand, the learned Assistant Government Pleader furnished written instructions dated 03.07.2025 for respondents wherein it is stated that:- It is submitted that this Grama Panchayat received a representation dated 23.06.2025 regarding encroachment given by the viliagers of that village. Based on the representation this gramapanchayat along v/ith surveyor of the Lingeswara nagar grama panchayat inspected the land and surveyor was conducted survey and disclosed that petitioner has encroached part of the road and constructed a cement sheeted house. So that this Grama Panchayat issued a for removal of encroachment dated notice 24.06.2025 and same was affixed to the structure in the presence of the villagers”. 5. It appears that the impugned notice does not mention any does it specify the extent of the alleged house number, nor encroachments. It is unclear whether such encroachments are on the ground or whether the entire apartment was constructed on revenue land. There is no proper description of the property in the notice. Except for mentioning the petitioner’s name, no relevant details have been provided to justify the initiation of action. Furthermore, it is observed that the impugned notice dated 24.06.2025 was issued 4 without any prior notice/show-cause notice calling for an explanation from the petitioner. Therefore the impugned notice dated 24.06.2025 issued by the respondent is liable to be set aside. Accordingly, the writ petition is allowed by setting aside the 6. impugned notice dated 24.06.2025. However, the respondents are at liberty to proceed further in accordance with law. No costs. As a sequel, interlocutory applications if any pending, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRJ^R //TRUE COPY// ^TION OFFICER To, 1. The Principal Secretary, Panchayathraj and Rural Development, Secretariat Buildings Velagapudi, Amaravathi. 2. The District Collector PR, Tirupati District at Tirupati. 3. The District Panchayath Officer, Tirupati District at Tirupati. 4. The Secretary, Lingeswarapuram Gram Panchayath, Lingeswarapuram, Tirupati Rural Mandal, Tirupati District. 5. One CC to Sri K Viswanatham Advocate [OPUC] 6. Two CCs to GP for Panchayat Raj Rural Dev, High Court of Andhra Pradesh [OUT] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 8. One CC to Sri Mattegunta Sudhir, Standing Z.P.Ps,M.P.Ps,Gram Panchayats Advocate [OPUC] 9. Two CD Copies Counsel For TF HIGH COURT DATED; 16/07/2025 ORDER WP NO. 15927 OF 2025 ^ 0 2 AUG 2025 X VsCtfrrent SectioQxCx DISPOSING OF THE W.P., WITHOUT COSTS